RAPP v. NEW MEXICO STATE HIGHWAY DEPARTMENT

No. 1526.

531 P.2d 225 (1975)

87 N.M. 177

Robert RAPP And Argonaut Insurance Company, a corporation, Plaintiffs-Appellants, v. NEW MEXICO STATE HIGHWAY DEPARTMENT, Defendant-Appellee.

Court of Appeals of New Mexico.

January 8, 1975.


Attorney(s) appearing for the Case

W. Booker Kelly, White, Koch, Kelly & McCarthy, Santa Fe, for plaintiffs-appellants.

James C. Ritchie, Jonathan W. Hewes, Rodey, Dickason, Sloan, Akin & Robb, P.A., Albuquerque, for defendant-appellee.


OPINION

SUTIN, Judge.

Plaintiff appeals from a judgment for defendant because the trial court failed to give plaintiff's requested instruction on negligence per se.

The parties stipulated to the following:

That on or about September 20, 1969, the defendant, New Mexico State Highway Department, was engaged in maintenance or repair activities on U.S. Highway 87 east of the City of Des Moines, in Union...

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